ASSUMPTION OF RISK AND RELEASE OF LIABILITY WAIVER AGREEMENT
Please read this entire Assumption of Risk and Release of Liability Waiver Agreement (“Agreement”) carefully before signing. This Agreement contains a surrender of certain legal rights. All adult participants must sign this Agreement. A parent or legal guardian (hereafter, collectively “parent”) must sign if the participant is under 18 years of age.
I am registering for the Expect Miracles 5K and associated pre- and post- race activities (“Race Activities”) being fully aware that these activities involve risks. I understand that running a road race is a potentially hazardous activity, and I am voluntarily participating with knowledge of the risks. I assume all risks associated with the Race Activities, even if they are created by the carelessness or negligence of a Released Party (defined below) or anyone else. Risks associated with the Race Activities include but are not limited to: falls, contact with other participants, the effects of the weather, including high heat and/or humidity, physical exertion, traffic, conditions of the road, and other bodily injury or death. I agree to abide by any COVID mitigation guidelines in place at the event. I also understand that germs are everywhere and there is a possibility of contracting an illness during the event and I will not hold any other party responsible for such consequences. I understand and agree that my health and safety is my own responsibility. I understand this is not a complete list of the risks involved in the Race Activities. I understand that there is no obligation for any person to provide me with medical care during the Race Activities. If medical care is rendered to me, I consent to that care if I am unable to give my consent for any reason at the time that the care is rendered. I will not enter and participate in the Race Activities unless I am medically able and properly trained, and by my signature (in print or digital form), I certify that I am in good health, properly trained, and medically able to participate in the Race Activities.
I, on behalf of myself, my heirs, executors, administrators, personal representatives, successors and assigns, waive and release any and all rights, liabilities, claims, demands, legal actions, and rights of action of any kind (“Claims”) I may have, now or in the future, against the Released Parties, even if such Claims are based on the carelessness or negligence of a Released Party or anyone else. I agree to indemnify and hold harmless each Released Party from any loss or liability (including any reasonable attorneys fees they may incur) defending any Claim made by me or by anyone making a Claim on my behalf, even if the Claim is alleged to or did result from the carelessness or negligence of a Released Party or anyone else. “Released Parties” as used in this document means Expect Miracles 5K, Rare Sisters Batten Foundation, Done and Done Events LLC, all sponsors of the Race Activities, and their respective affiliates, agents, employees, officers, directors, medical personnel, volunteer staff, successors and assigns.
If any participants included in this race registration are under 18 years of age, I, as parent or legal guardian of the child, authorize the child to participate. I hereby release and agree not to sue the Released Parties for any Claims I or my child may have against the Released Parties and agree that in the event my child or anyone acting on his or her behalf should make any Claims, I will provide the indemnity and hold harmless described in the preceding paragraph.
I attest that I have read the rules of the race and agree to abide by them. I understand that bicycles, skateboards, baby joggers, roller skates or roller blades, animals, and personal music players are not allowed in the race. I understand that if I violate any of these prohibitions or other rules, my participation in any of the Race Activities may be withdrawn by any representatives of Expect Miracles 5K or other race officials. I agree to abide by any decision of a representative of Expect Miracles 5K or other race official relative to any aspect of my participation in this event, including the right of any official to deny or suspend my participation for any reason whatsoever.
Further, I hereby grant full permission to Expect Miracles 5K, Rare Sisters Batten Foundation, Done and Done Events LLC, and all sponsors of the Race Activities to use any photographs, motion pictures, recordings, or any other references or record of the Race Activities that may depict, record, or refer to me for any legitimate purpose including commercial advertising, without monetary payment to me. I hereby waive any right I may have now or in the future to receive any royalties from any use of my likeness as it may appear in any photographs, motion pictures, recordings, or other records of this event.
I understand and intend that this Agreement is intended to be interpreted and enforced to the fullest extent permitted by the laws of the State of Colorado. If any portion is held to be invalid, I agree that the rest of it shall continue in full force and effect. This agreement is made in Arvada, Colorado, and the laws of the State of Colorado shall govern its interpretation and enforcement.